Sexual Harassment or Limiting Academic Freedom at University of Denver?

Recently, Mr. Gilbert, an instructor at the University of Denver (DU) was put on 101 days of administrative leave while the Dean and Provost determined whether the instructor had violated University of Denver Equal Opportunity/Sexual Harassment Policy. While the details of what the instructor had done were not released, the recent Chronicle article did reveal that two students had reported issues against the instructor, but did so anonymously. The students reported that the instructor had done the following things, of which Mr. Gilbert addressed:

• Accusation: Mr. Gilbert made statements about masturbation during a class called, "The Domestic and International Consequences of the Drug War."

o Mr. Gilbert’s response was that “he makes reference to changing public attitudes toward masturbation in discussing connections between efforts in the early 1900s to restrict drug use and that period's taboos against various sexual behaviors widely regarded as sinful.”

• Accusation: Mr. Gilbert used profanity during class and put his hands improperly on the backs of female students.

o Mr. Gilbert said he did touch students, but only in a platonic/non-sexual way.

• Accusation: Mr. Gilbert brought a dildo to class, which was not necessary for the course.

o Mr. Gilbert responded that he does bring an art-deco dildo to class in order to explain attitudes toward masturbation from a gender perspective and masculine self-control in the late 19th century and discuss masculine control of the 1900’s.

• Accusation: Mr. Gilbert was trying to play the role of matchmaker with his students and he gave some students condoms while wishing them luck on their dates.

o Mr. Gilbert does admit to playing matchmaker, but denies giving students condoms.

The Dean of Josef Korbel School of International Studies, Christopher Hill, had been in his administrator role for approximately a year before this issue arose. Prior to working at DU, Mr. Hill had served as U.S. ambassador in Iraq. Mr. Hill was supported in his decision to remove Mr. Gilbert from the classroom by DU’s provost, Gregg Kvistad. Mr. Kvistad made one correction to Mr. Hill’s corrective action, which had originally required Mr. Gilbert to attend sensitivity training. Mr. Kvistad instead required the instructor to attend the university's Office of Diversity and Equal Opportunity to "discuss what creating a sexual harassment hostile environment entails and how you must avoid that."

Issues with Procedures Take by the University

Many faculty and others argue that the Mr. Gilbert was not treated correctly in this situation and there is a much bigger issue at large, academic freedom. A fellow professor and president of the University of Denver chapter of the American Association of University Professors, Mr. Saitta, stated that the overall issue with this case is that if an instructor offends even one student, the faculty member is subject to be removed from her/his class. Others argue that the instructor is being treated this way because of his age, 75, and that the university was clearly looking for reasons to remove the faculty member from the institution.

Others argue that this case is another example of administrators being too far removed from the classroom and making arbitrary decisions. Mr. Kvistad had never been a faculty member prior to his job as the Dean, which may be why he does not understand academic freedom. Mr. Gilbert requested a review committee in an effort to challenge actions taken by the administrators. A 9 to 1 vote by the review committee (made up of faculty only) found in favor of Mr. Gilbert, but the Provost rejected the findings of the review committee. The review committee expressed further concerns that the university did not have a clear process for overseeing such accusations and without these clear policies, faculty are at risk of having their careers ruined and or names tarnished.

Administrator Obligations

While I do see arguments against the universities procedures and what occurred with this particular incident, I do not believe all sides of the argument were accurately discussed in the Chronicle. Administrators, as well as Human Resources, are bound to protect students and staff members against sexual harassment. Issues surrounding Title IX are becoming more prevalent at colleges and administrators are obligated to invest accusations accordingly.

While I do believe DU needs a clearer policy on how to handle future incidents like the one discussed in this article, I also believe the administrators must act when accusations of sexual harassment are made. The faculty member should not be touching students on the shoulder/back and he should not be playing matchmaker in the classroom. I do think this instructor set himself up for some of these issues. On the other hand, DU allowed the faculty member to be on administrative leave for 101 days, which may have unnecessarily damaged the instructor’s reputation. The review committee and other faculty members have expressed concerns around academic freedom, which is an issue that cannot not be taken lightly. I have sat in several courses in which we discussed uncomfortable topics, but it does not mean these issues should be ignored. Overall, I do think this instructor should have been investigated, but the length of time the instructor was out on administrative leave and the unclear policy of the university in dealing with situations like this one need to be addressed.